1. Scope of Service
1.1. advanced intelligence Q GmbH acting under the name of “Affilitizer“ (“Provider”) offers a Software-as-a-Service (SaaS) platform (“Service”) for accessing data reports derived from publicly available data interfaces of affiliate networks. The Service collects, aggregates, and curates general and performance marketing-related data (e.g., sales in Germany, countries, new partner programs) and makes it available to the user in a protected user area.
1.2. Users subscribe to the Service on a monthly or yearly prepaid basis, whereby a discount may be available when choosing annual payments; details and other subscription options could be offered on the website, as the case may be.
2. Access and Use
2.1. The Service is accessible via a login portal via login credentials provided to the user upon their registration. The user registers on the website of the Provider, chooses a subscription plan and agrees to these Terms via the “register”-button. The Provider accepts the user´s offer to conclude the subscription / contract by granting access to the Services for the user.
2.2. Users must not share their login credentials with third parties. The Provider reserves the right to suspend accounts in case of non-compliance.
2.3. Users acknowledge that the provided reports and data may are compiled from third-party sources. While the Provider ensures reasonable accuracy, no guarantee is made regarding completeness or correctness.
2.4. All users have access to the same data, including information that may be relevant to competitors.
3. Subscription Term and Payment
3.1. The Service is provided on a subscription basis, payable monthly or annually in advance.
3.2. Users opting for an annual prepayment may receive a discount compared to the monthly price, if and as indicated in the subscription terms.
3.3. The subscription renews automatically unless canceled by the user four weeks prior to the next billing cycle, be it annual or monthly.
3.4. Invoices are issued electronically. They will be sent via email or made available for download in your user account. In the event of payment default, we reserve the right to temporarily suspend access to our services until all outstanding amounts have been paid. Further legal rights and remedies remain unaffected.
3.5. Payment processing for our paid services is handled exclusively by the payment service provider Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). By using our services, you agree to the processing of payments via Stripe and accept Stripe’s terms and conditions, which are available at https://stripe.com/de/privacy. The obligation to pay arises upon conclusion of the respective subscription. Billing occurs on a monthly/annual basis (depending on the billing cycle selected by you) and payments are collected automatically via Stripe. You are responsible for ensuring that the selected payment method has sufficient funds.
4. Liability and Disclaimer
4.1. The Provider is not liable for any conclusions, decisions, or business actions derived from the data or reports.
4.2. Users acknowledge that the data is subject to change and external influences beyond the Provider’s control. The Provider is not responsible for network disruptions, third-party API changes, or data inaccessibility.
4.3. The Provider shall only be liable without limitation for damages in case of intent and gross negligence on its part, its vicarious agents and/or legal representatives. With regard to damages caused by slight negligence, the Provider shall only be liable in case of a breach of an essential contractual obligation. Essential contractual obligations are those obligations whose fulfilment make possible the correct execution of the subscription (contract) in the first place and on whose compliance the user may regularly rely. In the event of a breach of such an essential contractual obligation, the liability of the Provider shall be limited to the damages typical for this type of contract which the Provider could have foreseen at the time when the contract was concluded based on the circumstances known at that time.
4.4. The aforementioned limitations of liability as well as all other limitations of liability contained in these Terms shall not apply in the event of the assumption of express guarantees, in the event of claims due to a lack of warranted characteristics, or to damages resulting from injury to life, limb or health. In these cases, the Provider shall also be liable without limitation for slight negligence. The liability of the Provider under the German Product Liability Act also remains unaffected.
4.5. In case that the Provider is not in a position to meet its contractual obligations due to force majeure, the Provider shall be released from providing respective Services at no charge and the parties will faithfully cooperate to find a solution.
5. Usage Rights, Availability & Service Level
5.1. In accordance with the individual subscription and these provisions, the user shall be granted the simple, non-exclusive, non-transferable right, limited to the duration of the individual subscription, to access the Services using a browser and an internet connection and to use them for its own business purposes. The Provider shall be entitled to take technical measures to prevent use beyond the permissible scope, in particular to install access barriers.
5.2. The user shall be required
5.2.1. to create and maintain the technical prerequisites for access to the Services in its own area, particularly with regard to the hardware and operating system software used, connection to the internet and ensuring that its browser software is up to date;
5.2.2. to take the necessary precautions to secure its systems during the entire subscription period, in particular to use the standard browser security settings and to employ up-to-date protection mechanisms to guard against malware;
5.2.3. to ensure that the data stored in its user account is always up to date. In the event of changes or inaccuracies in the stored data, the Customer must update or correct this information without undue delay and without being asked.
5.3. The Provider shall guarantee an availability of 98% of the Services upon a yearly average. Not included in the availability calculations shall be regular maintenance timeframes. Insofar as this is possible, the Service Provider shall notify the users of any deviating planned maintenance work in advance in text form.
5.4. Neither party may transfer its rights and obligations arising from these Terms to a third party without the consent of the other party.
5.5. The user shall be obliged to inform the Provider without undue delay if it is aware of or suspects misuse of access data or passwords. In the event of misuse or suspected misuse, the Provider shall be entitled to block access to the Services until the circumstances have been clarified and the misuse has ceased. The Provider also reserves the right to change the user’s access data for security reasons; in such cases, the Provider shall inform the user without undue delay. This shall not affect the assertion of further rights and claims by the Provider, in particular claims for damages.
6. Indemnification
6.1. The user will release the Provider from all third party claims against the Provider due to a violation of the user against legal provisions, against third party rights (in particular, personality, copyright and trademark rights) or against contractual obligations, warranties or guarantees, including costs of the necessary legal defense (legal and judicial costs at the statutory amount) upon initial request.
6.2. In the event of the assertion of claims within the meaning of paragraph (1), the user is obliged to cooperate immediately and fully in the course of the investigation and to make the necessary information available to the Provider in a suitable manner.
7. Termination
7.1. Users may cancel their subscription at any time; however, no refunds will be issued for the remaining period of an active billing cycle.
7.2. The Provider may terminate access if a user breaches these Terms or engages in misuse of the Service.
8. Data Protection & Confidentiality
8.1. The Provider shall process personal data in accordance with its Privacy Policy which is available at https://www.affilitizer.com/privacy.
8.2. Each party agrees to maintain the confidentiality of any non-public, proprietary, or confidential information ("Confidential Information") disclosed by the other party in connection with these Terms. The receiving party shall not disclose, use, or permit the use of Confidential Information except as necessary to fulfill its obligations under this agreement. Confidential Information does not include information that is publicly available, independently developed, or lawfully obtained from a third party without breach of confidentiality. This obligation shall survive the termination of this Agreement.
9. Marketing & References
The Provider shall be entitled to include the user in Provider’s reference list and to name the user in a suitable manner as a reference on the Website and in printed and digital marketing and advertising materials. For this purpose, the user shall grant the Provider free of charge a non-exclusive, worldwide, non-transferable right to use the user´s company name and logo.
10. Governing Law and Jurisdiction
10.1. If any provision of these Terms is found to be invalid, ineffective, or unenforceable, this shall not affect the validity, effectiveness and enforceability of the other provisions of the Terms in their entirety. The parties undertake to replace the ineffective provision with a legally permissible provision that comes as close as possible to the purpose of the ineffective provision.
10.2. The Provider may change these Terms or any part of it at any time. Changes to the Terms shall be announced to the user by email to the indicated email address not later than 6 weeks before the changes take effect. The user’s consent to the change of the Terms will be deemed granted if the user does not object to the amendment in textual form (e. g. letter or email) within 6 weeks after notification. If the user objects to a change within the meaning of this section in due form and due time, the contractual relationship will continue under the previous conditions. In this case, the Provider reserves the right to terminate the contractual relationship extraordinarily with a notice of one month.
10.3. These Terms are governed by German law. Any disputes arising from this agreement shall be subject to the jurisdiction of the courts in Berlin, Germany.
10.4. By subscribing to the Services, the user acknowledges and agrees to these Terms of Service.
